HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #8088
Date: 10/22/2020
Commission Meeting Date: 10/22/2020
Type: Resolution
Subject: Resolution regarding Curfew
Budget Impact Analysis
Total Fiscal Impact:
City Commission
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Requesting Department: City Commission
Sponsored By: Alex Diaz de la Portilla
District Impacted:
Reviewed B
Nicole Ewan
Valentin J Alvarez
George K. wysong III
Barnaby L. Min
Victoria Mendez
City Clerk's Office
Meeting
Legislative Division Review
ACA Review
Deputy Attorney Review
Approved Form and Correctness
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
10/22/2020 9:00 AM
11/06/2020 11:55 AM
11/19/2020 6:04 PM
11/20/2020 7:49 AM
11/23/2020 1:48 PM
11/23/2020 2:12 PM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0358
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8088 Final Action Date:10/22/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO CEASE AND DESIST ENFORCEMENT OF THE MIAMI-DADE
COUNTY ("COUNTY") CURFEW AS PROMULGATED BY COUNTY MAYOR CARLOS
GIMENEZ IN COUNTY LOCAL EMERGENCY ORDER 27-20, AS AMENDED, AND
COUNTY LOCAL EMERGENCY ORDER 30-20, AS AMENDED.
WHEREAS, on March 9, 2020, Governor Ron DeSantis ("DeSantis") issued Executive
Order No. 20-52 declaring a State of Emergency for the entire State of Florida related to the
COVID-19 pandemic ("Pandemic"); and
WHEREAS, on March 12, 2020, Miami -Dade County Mayor Carlos Gimenez ("County
Mayor") declared a Local State of Emergency for all of Miami -Dade County ("County") related to
the Pandemic; and
WHEREAS, on July 2, 2020, the County Mayor promulgated Emergency Order 27-20
("Curfew Order") imposing a curfew for the entire County, including the incorporated and
unincorporated areas, effective from 10:00 p.m. each night through 6:00 a.m. the next morning
daily; and
WHEREAS, the Curfew Order was amended twice, once on September 9, 2020 wherein
the curfew was amended to permit persons to be out after curfew if they are traveling to or from
certain sporting events or religious services and again on September 12, 2020 wherein the
curfew was set at 11:00 p.m. instead of 10:00 p.m.; and
WHEREAS, on September 25, 2020, DeSantis issued Executive Order No. 20-244
initiating Phase 3 of the Plan for Florida's Recovery which prohibits any COVID-19 emergency
ordinance promulgated by local governments that may prevent an individual from working or
from operating a business and suspends the collection of fines and penalties associated with
COVID-19 enforced upon any individual; and
WHEREAS, on October 8, 2020, the City Commission adopted Resolution No. R-20-
0326 directing the City Manager to cease and desist any enforcement measures prior to 12:00
a.m. daily as it pertains to enforcement of the Curfew Order or any subsequent orders
promulgated by the County Mayor for purposes of implementing a County -wide curfew limiting
the movement of persons and operating hours of establishments within the City of Miami
("City"); and
WHEREAS, in an apparent response to the action of the City Commission, the County
Mayor, on October 10, 2020, issued Amendment No. 3 to the Curfew Order wherein the curfew
was extended to 12:00 a.m. each night through 6:00 a.m. the next morning for all areas of the
County; and
WHEREAS, on October 14, 2020, the County Mayor issued Amendment No.1 to Miami -
Dade County Local Emergency Order 30-20 to clarify that restaurants and other businesses are
subject to the requirements of the County -wide curfew; and
WHEREAS, on October 9, 2020, a lawsuit was filed by the owners of an establishment
located in Miami Gardens, Florida in Case No. 2020-021883-CA-22, Miami Gardens Square
One, Inc. et al. vs. Miami -Dade County, seeking an injunction against further enforcement of the
Curfew Order ("Lawsuit"); and
WHEREAS, on October 16, 2020, Circuit Court Judge Beatrice Butchko issued an order
granting a Temporary Injunction to enjoin the County from enforcement of §3(c) of Amendment
No. 1 to Miami -Dade County Emergency Order 30-20 and from enforcing Amendment No. 3 to
the Curfew Order against the Plaintiffs, including their owners, officers, managers, employees,
contractors, and performers; and
WHEREAS, considering the confusion created by the issuance of Executive Order 20-
244 and the entry of the order enjoining enforcement of the Curfew Order in the Lawsuit, it is
prudent for the City to refrain from any further enforcement of the Curfew Order until judicially
determined otherwise; and
WHEREAS, pursuant to Section 2-33(f) of the Code of the City of Miami, Florida, as
amended, the City Commission deems this Resolution to be of an emergency nature;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is hereby directed to cease and desist enforcement of the
County curfew as promulgated by the County in the Curfew Order and Miami -Dade County
Emergency Order 30-20, as amended, until further direction from the City Commission.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 11/23/2020